AN ACT to repeal §30-27-15 of the Code of West Virginia, 1931, as
amended; to amend and reenact §30-27-3, §30-27-5, §30-27-8,
§30-27-11 and §30-27-12 of said code; and to amend and reenact
§30-37-7 of said code, all relating to the Board of Barbers
and Cosmetologists; licensing schools of aesthetics,
barbering, cosmetology, manicuring and massage; transferring
authority to approve licensure for certain schools; clarifying
powers and duties of the board; providing requirements for
professional licensing, license renewal and work permits;
establishing certain student registration requirements; and
providing definitions.

Be it enacted by the Legislature of West Virginia:

That §30-27-15 of the Code of West Virginia, 1931, as amended,
be repealed; that §30-27-3, §30-27-5, §30-27-8, §30-27-11 and
§30-27-12 of said code be amended and reenacted; and that §30-37-7
of said code be amended and reenacted, all to read as follows:

ARTICLE 27. BOARD OF BARBERS AND COSMETOLOGISTS.

§30-27-3. Definitions.

As used in this article, the following words and terms have
the following meanings, unless the context clearly indicates
otherwise:

(a) “Aesthetics” or “esthetics” means any one or any
combination of the following acts when done on the human body for
compensation and not for the treatment of disease:

(1) Administering cosmetic treatments to enhance or improve
the appearance of the skin, including cleansing, toning, performing
effleurage or other related movements, stimulating, exfoliating or
performing any other similar procedure on the skin of the human
body or scalp;

(2) Applying, by hand or with a mechanical or electrical
apparatus, any cosmetics, makeups, oils, powders, clays,
antiseptics, tonics, lotions, creams or chemical preparations
necessary for the practice of aesthetics to another person’s face,
neck, back, shoulders, hands, elbows and feet up to and including
the knee;

(3) The rubbing, cleansing, exercising, beautifying or
grooming of another person’s face, neck, back, shoulders, hands,
elbows and feet up to and including the knee;

(4) The waxing, tweezing and threading of hair on another
person’s body;

(5) The wrapping of another person’s body in a body wrap;

(6) Applying artificial eyelashes and eyebrows; and

(7) The lightening of hair on the body except the scalp.

(b) “Aesthetician” or “esthetician” means a person licensed
under the provisions of this article who engages in the practice of
aesthetics.

(c) “Applicant” means a person making application for a
professional license, license, certificate, registration, permit or
renewal under the provisions of this article.

(d) “Barber” means a person licensed under the provisions of
this article who engages in the practice of barbering.

(e) “Barbering” means any one or any combination of the
following acts when done on the human body for compensation and not
for the treatment of disease:

(1) Shaving, shaping and trimming the beard, or both;

(2) Cutting, singeing, shampooing, arranging, dressing,
tinting, bleaching, or applying lotions or tonics on human hair, or
a wig or hairpiece; and

(3) Applications, treatments or rubs of the scalp, face, or
neck with oils, creams, lotions, cosmetics, antiseptics, powders,
or other preparations in connection with the shaving, cutting or
trimming of the hair or beard.

(f) “Barber crossover” or “cosmetologist crossover” is a
person who is licensed to perform barbering and cosmetology.

(g) “Barber permanent waving” means the following acts done on
the human body for compensation and not for the treatment of
disease:

(3) Applying by hand or with a mechanical or electrical device
or appliance, any cosmetics, makeups, oils, powders, clays,
antiseptics, tonics, lotions, creams or chemical preparations
necessary for the practice of aesthetics to another person’s face,
neck, shoulders, hands, elbows and feet up to and including the
knee;

(4) The rubbing, cleansing, exercising, beautifying or
grooming of another person’s face, neck, shoulders, hands, elbows
and feet up to and including the knee;

(5) The wrapping of another person’s body in a body wrap; and

(6) Performing aesthetics.

(n) “General supervision” means:

(1) For schools, a master or certified instructor is on the
premises and is quickly and easily available; or

(2) For salons, a professional licensee is on the premises and
is quickly and easily available.

(o) “Hair braiding” means any one or any combination of the
following acts when done on the human body for compensation and not
for the treatment of disease: Braiding, plaiting, twisting,
wrapping, threading, weaving, extending or locking of natural human
hair by hand or mechanical device.

(p) "Hair Styling" means any one or any combination of the
following acts when done on the human body for compensation and not
for the treatment of disease:

(2) The rubbing, cleansing, exercising, beautifying or
grooming of another person's face, neck, shoulders, hands, elbows
and feet up to and including the knee.

(q) “Hair Stylist” means a person licensed under the
provisions of this article who engages in the practice of hair
styling.

(r) “License” means a professional license, a salon license or
a school license.

(s) “Licensed school” means a facility which has been approved
by the West Virginia Council for Community and Technical College
Education pursuant to section nine, article two-b, chapter
eighteen-b of this code, to educate persons to be licensed or
issued certain permits under the provisions of this article.

(t) “Licensee” means a person, corporation or firm holding a
license issued under the provisions of this article.

(u) “Nail care” means any one or any combination of the
following acts when done on the human body for compensation and not
for the treatment of disease:

(1) The cleansing, dressing, or polishing of nails of a
person;

(2) Performing artificial nail service; and

(3) The cosmetic treatment of the feet up to the knee and the
hands up to the elbow.

(v) “Nail technician” or “manicurist” means a person licensed
under the provisions of this article who engages in the practice of
nail care.

(z) “Registration” means a registration issued by the board to
a person who rents or leases a booth or chair from a licensed salon
owner and operator, or both, or a registration issued by the board
to a person who is a student in a school.

(aa) “Registrant” means a person who holds a registration
under the provisions of this article.

(bb) “Salon” means a shop or other facility where a person
practices under a professional license.

(cc) “Salon license” means a license to own and operate a
salon.

(dd) “Student registration” means a registration issued by the
board to a student to study at a school licensed under the
provisions of this article.

§30-27-5. Powers and duties of the board.

(a) The board has all the powers and duties set forth in this
article, by rule, in article one of this chapter and elsewhere in
law.

(4) Determine the qualifications of any applicant for
licenses, permits, certificates and registrations;

(5) Prepare, conduct, administer and grade examinations for
professional licenses and certificates;

(6) Determine the passing grade for the examinations;

(7) Maintain records of the examinations the board or a third
party administers, including the number of persons taking the
examinations and the pass and fail rate;

(8) Set operational standards and requirements for licensed
schools;

(9) Hire, discharge, establish the job requirements and fix
the compensation of the executive director;

(10) Maintain an office, and hire, discharge, establish the
job requirements and fix the compensation of employees,
investigators/inspectors and contracted employees necessary to
enforce the provisions of this article: Provided, That any
investigator/inspector employed by the board on July 1, 2009, shall
retain their coverage under the classified service, including job
classification, job tenure and salary, until that person retires or
is dismissed: Provided, however, That nothing may prohibit the
disciplining or dismissal of any investigator/inspector for cause;

(11) Investigate alleged violations of the provisions of this
article, legislative rules, orders and final decisions of the
board;

(12) Establish the criteria for the training of
investigators/inspectors;

(13) Set the requirements for investigations and inspections;

(14) Conduct disciplinary hearings of persons regulated by the
board;

(15) Determine disciplinary action and issue orders;

(16) Institute appropriate legal action for the enforcement of
the provisions of this article;

(17) Report violations of the provisions of this article, and
legislative rules promulgated pursuant to this article, alleged to
have been committed by a licensed school to the West Virginia
Council for Community and Technical College Education. The board
may continue to investigate any alleged violation that it receives
by May 1, 2013, and shall conclude any such investigation by July
1, 2013. If the board determines that probable cause exists that
a violation occurred, the board immediately shall advise and
provide its investigation file to the West Virginia Council for
Community and Technical College Education;

(18) Maintain an accurate registry of names and addresses of
all persons regulated by the board;

(19) Keep accurate and complete records of its proceedings,
and certify the same as may be necessary and appropriate;

(20) Establish the continuing education requirements for
professional licensees and certificate holders;

(23) Propose rules in accordance with the provisions of
article three, chapter twenty-nine-a of this code to implement the
provisions of this article; and

(24) Take all other actions necessary and proper to effectuate
the purposes of this article.

(c) The board may:

(1) Establish joint licenses;

(2) Contract with third parties to administer the examinations
required under the provisions of this article;

(3) Sue and be sued in its official name as an agency of this
state;

(4) Confer with the Attorney General or his or her assistant
in connection with legal matters and questions.

§30-27-8. Professional license requirements.

(a) An applicant for a professional license to practice as a
aesthetician, barber, barber crossover, barber permanent wavist,
cosmetologist, hair stylist, cosmetologist crossover or nail
technician shall present satisfactory evidence that he or she:

(1) Is at least eighteen years of age;

(2) Is of good moral character;

(3) Has a high school diploma, a GED, or has passed the
“ability to benefit test” approved by the United States Department
of Education;

(4) Has graduated from a licensed school which has been
approved by the West Virginia Council for Community and Technical
College Education or has completed education requirements in
another state and meets the licensure provisions of the board;

(5) Has passed an examination that tests the applicant’s
knowledge of subjects specified by the board: Provided, That the
board may recognize a certificate or similar license in lieu of the
examination or part of the examination that the board requires;

(6) Has paid the applicable fee;

(7) Presents a certificate of health from a licensed
physician;

(8) Is a citizen of the United States or is eligible for
employment in the United States; and

(9) Has fulfilled any other requirement specified by the
board.

(b) A license to practice issued by the board prior to July 1,
2009, shall for all purposes be considered a professional license
issued under this article: Provided, That a person holding a
license issued prior to July 1, 2009, must renew the license
pursuant to the provisions of this article.

§30-27-11. Work permit.

(a) The board may issue a work permit to practice to an
applicant who meets the following conditions:

(1) Has graduated from a licensed school approved by the West
Virginia Council for Community and Technical College Education or
has completed education requirements in another state and meets the
licensure provisions of the board;

(2) Is waiting to take the examination;

(3) Has employment in the field in which he or she applied to
take the examination and is working under the general supervision
of a professional licensee;

(4) Has paid the work permit fee;

(5) Has presented a certificate of health issued by a licensed
physician;

(6) Is a citizen of the United States or is eligible for
employment in the United States; and

(7) Meets all the other requirements specified by the board.

(b) A work permit expires at the end of the month after
issuance following the next examination in the specific field. A
work permit may be renewed once.

(c) While in effect, a work permitee is subject to the
restrictions and requirements imposed by this article.

§30-27-12. Student registration.

(a) Prior to commencing studies in a licensed school, a
student shall acquire a student registration issued by the board.

(b) An applicant for a student registration shall present
satisfactory evidence that he or she meets the following
conditions:

(1) Is enrolled as a student in a licensed school;

(2) Is of good moral character;

(3) Has paid the required fee;

(4) Has presented a certificate of health issued by a licensed
physician; and

(5) Is a citizen of the United States or is eligible for
employment in the United States.

(c) The student registration is good during the prescribed
period of study for the student.

(d) The student may perform acts constituting barbering,
barber permanent waving, cosmetology, aesthetics or nail care in a
school under the general supervision of a master or certified
instructor.

(a) The board shall propose rules for legislative approval in
accordance with article three, chapter twenty-nine-a of this code,
establishing a procedure for licensing of massage therapists.
License requirements shall include the following:

(1) Completion of a program of massage education at a school
approved by the West Virginia Council for Community and Technical
College Education pursuant to section nine, article two-b, chapter
eighteen-b of this code or by a state agency in another state, the
District of Columbia or a United States territory which approves
educational programs and which meets qualifications for the
National Certification Exam administered through the National
Certification Board for Therapeutic Massage and Bodywork. This
school shall require a diploma from an accredited high school, or
the equivalent, and require completion of at least five hundred
hours of supervised academic instruction;

(2) Successful completion of the National Certification for
Therapeutic Massage and Bodywork (NCTMB) examination, or other
board approved examination; and

(3) Payment of a reasonable fee every two years required by
the board which shall compensate and be retained by the board for
the costs of administration.

(b) A license to practice massage therapy issued by the board
prior to July 1, 2006, shall for all purposes be considered a
license issued under this section: Provided, That a person holding
a license to practice massage therapy issued prior to July 1, 2006,
must renew the license pursuant to the provisions of this article:
Provided, however, That a person whose license was issued by the
board prior to July 1, 2006, and whose license subsequently lapses
may, in the discretion of the board, be subject to the licensing
requirements of this section.

(c) In addition to provisions for licensure, the rules shall
include:

(1) Requirements for completion of continuing education hours
conforming to NCTMB guidelines; and

(2) Requirements for issuance of a reciprocal license to
licensees of states with requirements which may include the
successful completion of the NCTMB examination or other board
approved examination.

(d) Subject to the provisions of subsection (b) of this
section, the board may deny an application for renewal for any
reason which would justify the denial of an application for initial
licensure.

(e) Any person practicing massage therapy during the time his
or her license has lapsed is in violation of this article and is
subject to the penalties provided in this article.

(f) A massage therapist who is licensed by the board shall be
issued a certificate and a license number. The current, valid
license certificate shall be publicly displayed and available for
inspection by the board and the public at a massage therapist's
work site.